Mold (mildew), mushrooms, and yeast are all types of fungi. Fungi are found both indoors and outdoors. Hundreds of different kinds of mold are commonly found in the United States and New York City.

The best way to prevent mold growth is to remove water and moisture sources. Fixing leaks, drying damp areas, and removing humidity from the air (e.g., using a dehumidifier in basements; cracking a window while taking a shower in bathrooms with no exhaust ventilation) will help stop mold growth and keep it from coming back. Correcting mold violations includes both removing the mold and addressing the underlying source of moisture.

Mold Remediation

An owner, a managing agent, or a full-time employee of an owner or managing agent may perform mold assessment, remediation, or abatement on such owner’s property. Remediating the mold includes addressing the source of the mold. Owners, agents and employees are strongly advised to follow the NYC Department of Health and Mental Hygiene Guidelines to ensure proper remediation and minimize health concerns for workers and tenants.

In addition, if an owner or agent hire a third party to conduct mold assessment, remediation or abatement, under New York State Labor Law Article 32 those independent contractors must be licensed and also follow the requirements provided for in that section.

HPD Mold Violation Certification

HPD certification requirements for Class B (hazardous) and Class C (immediately hazardous) mold violations when licensed contractors are used for mold assessment and remediation will require documented compliance with these Labor Law requirements as of March 1, 2018. Notices of Violation for Class B and Class C mold will have a new certification document. The document will require the owner to indicate who completed the mold work. If the work is not completed by the owner, managing agent or a full time employee of the owner/agent, the owner will be required to provide:

  • the mold assessment contractor license (firm) and
  • the mold remediation license (firm) or the mold abatement worker supervisor license

HPD Mold Violations Post-Certification Period

Class B and Class C mold violations issued after March 1, 2018 which are not properly certified  will require an affidavit from the owner to confirm who completed the work before the violation is dismissed.  For example, if a violation issued March 2, 2018 is observed as corrected by an HPD inspector in June 2018 pursuant to a Dismissal Request or other type of reinspection, the inspector cannot close the violation.  In this instance, HPD will issue a letter to the property owner/agent called a Defect Letter.  This letter will instruct the owner about the documentation that is needed to dismiss the violation, which will include an Affidavit of Mold Assessment and Remediation. If the work was not completed by the owner, managing agent or a full time employee of the owner/agent, the owner will be required to provide the same documentation as is required for violation certification:

  • the mold assessment contractor license (firm) and
  • the mold remediation license (firm) or the mold abatement worker supervisor license

To learn more about mold, listen to the HPD podcast on mold.